DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 7, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE102018122198A1.
Note a backrest (5) for a vehicle seat (1), the backrest comprising a backrest frame (22, 22, 24) and an upper backrest adjustment device, the upper backrest adjustment device comprising: a support member (30) comprising a body intended to receive, bearing against a front face, an upper back of an occupant of the seat, the support member being pivotably mounted about a first transverse axis (S) on the backrest frame; at least one first connecting rod (120) pivotably articulated relative to the backrest frame about a second transverse axis (122 or 124); an intermediate part (142) between the support member and the first connecting rod, the intermediate part being pivotably articulated relative to the support member about a third transverse axis (at 190) and relative to the first connecting rod about a fourth transverse axis (at 188), an actuator (150) for adjusting the position of the support member about the first transverse axis between a retracted position (Figure 4) and an advanced position (Figure 5), the actuator comprising a connecting part (180) pivotably articulated relative to the intermediate part about a fifth transverse axis (the longitudinal, vertical axis of 180), the actuator being adapted to move the connecting part in translation along a first axis perpendicular to the transverse direction (see Figures 4 to 5).
Regarding claim 4, note the second transverse axis, the fourth transverse axis and the fifth transverse axis are substantially aligned when the support member is in the advanced position or in the vicinity of the advanced position. See Figure 5.
Regarding claim 7, note the upper backrest adjustment device comprises a first shaft (the pivot shaft at 190) extending along the third transverse axis, the first shaft being rigidly connected to the support member, the intermediate part being pivotably mounted on the first shaft (see Figures 4 and 5).
Regarding claim 10, note a vehicle seat (1) comprising a squab (3) with a squab frame (internal to 3, as is conventional), and the backrest according to claim 1, the backrest frame being attached to the squab frame (see Figures 1 and 2).
Regarding claim 11, note the backrest frame is pivotably mounted about a seventh transverse axis (note adjacent 26 and extending from the lower motor, as shown in Figure 2) relative to the squab frame.
Allowable Subject Matter
Claims 2, 3, 5, 6, 8 and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed September 12, 2025 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1, 4, 7, and 10 under 35 U.S.C. § 102 as anticipated by DE 102018122198 A1 to Garad et al., Applicant argues that the prior art reference “fails to describe that link 120 is pivotable articulated relative to the backrest frame 20 about a transverse axis”. See lines 24 to 25 on page 5 of the REMARKS. The Examiner disagrees. Link 120 is pivotably articulated “relative to” (i.e. in reference to or with regard to; e.g. see dictionary.com) every other element of the vehicle seat (1), including all other elements of the backrest frame (20).
Applicant argues that “Garad further describes that the rods 122, 124 are spaced apart from each other lengthwise along link 120, preventing rotation of link 120 relative to support 130, such that the orientation of link 120 is fixed with respect to support 130”. See lines 2-4 on page 6 of the REMARKS. The Examiner disagrees. DE 102018122198 A1 does not prevent rotation of the link 120 relative to support 130. DE 102018122198 A1 does not appear to state such, and the drawings clearly do not support such. DE 102018122198 A1 only states that 122 and 124 are “spaced apart fixedly”. A cursory review and comparison of Figures 4 and 5 of DE 102018122198 A1 clearly confirms rotation of 120 relative to 130.
Applicant argues that “the connection between link 120 and support 130, as described in Garad, allows only a translational movement of the link 120 relative to the backrest frame 20 along a path that follows the shape of the slot 132”. See lines 7-9 on page 6 of the REMARKS. The Examiner disagrees. Note that the sliding of elements 122 and 124 of element 120 along the curved arc of slot 132 physically necessitates rotation of 120, as is explicitly shown between Figures 4 and 5, as 122 and 124 act as pivot points. While 120 translates, it also rotates. Note that translation does not negate rotation.
Applicant argues that Garad “fails to describe that the threaded rod 180 is pivotably articulated relative to the link 142 about a transverse axis”. See lines 19-21 on page 6 of the REMARKS. The Examiner disagrees. Rod 180 is pivotably articulated “relative to” (i.e. in reference to or with regard to; e.g. see dictionary.com) every other element of the vehicle seat (1), including every other element of the backrest frame (20).
Garad (i.e. DE102018122198A1) shows all features of claim 1. Accordingly, the 35 U.S.C. § 102 rejection of claim 1 has been maintained.
Regarding claims 1, 4, 7 and 10, which depend from claim 1, the rejections under 35 U.S.C. § 102 rejections have been maintained. No arguments specific to these claims have been provided.
Newly filed dependent claim 11 has been added, and is likewise rejected as being anticipated by DE102018122198A1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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mn /MILTON NELSON JR/October 8, 2025 Primary Examiner, Art Unit 3636